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  "No Fault" Divorce Law
 

Many states have enacted no fault divorce laws, pursuant to which residents can obtain a divorce without establishing that the other party did something wrong. Typically, the trial court is permitted to grant a divorce if it finds that the marriage relationship has broken down to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be preserved. Depending upon state law, issues of "fault" may still be relevant to child custody and the division of property.

In 2005, U.S. District Judge Robert Chatigny warned a defense lawyer of dire consequences if the lawyer did not do more to try to delay the execution of his client. "I'll have your law license," Chatigny warned at one point. The incident sparked a judicial ethics investigation of Chatigny, who sits in the District of Connecticut. Although he was cleared of misconduct and apologized to the defense lawyer, Republicans are reviewing the case as they weigh Chatigny's nomination to the 2nd Circuit.

After practicing law in New Jersey for 57 years, Martin Burger learned something new: You can be reprimanded by the state Supreme Court for paying paralegals a percentage of fees on cases they bring in. He also learned the punishment could have been worse. In an order made public on March 5, the justices adopted the Disciplinary Review Board's finding that Burger capitalized on paralegal Lita Biederman's contacts in the Filipino community to generate immigration cases.

Plaintiffs lawyers have been jockeying for a front seat in the mounting litigation arising from the sudden unintended acceleration problems in Toyota vehicles. About 150 lawyers assembled in Chicago recently to discuss sharing experts and legal strategies in the Toyota litigation, which now exceeds 80 lawsuits. Many lawyers have broken into camps based on which jurisdiction they believe should hear the multidistrict litigation against Toyota -- and which judge should decide the cases.





 

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